richard gabriel
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Justices say Adams County prosecutor’s comments do not require reversal of convictions
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Although the Colorado Supreme Court has established that prosecutors cannot imply criminal defendants are guilty for exercising their Fifth Amendment right to silence or their Sixth Amendment right to a jury trial, the justices on Tuesday decided an Adams County prosecutor’s comments to a jury did not cross that threshold. In a case that centered…
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State Supreme Court says red doesn’t mean ‘only red’ in tail light law
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Colorado’s law requiring vehicles to display red tail lights 500 feet to the rear does not mean red is the only acceptable color, the state Supreme Court ruled by 5-2 on Tuesday. In writing for the court’s majority, Justice Richard L. Gabriel noted that a hardline interpretation of the tail lamp law would enable officers…
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State Supreme Court agrees Weld County gas pipeline is not a public utility
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A 62-mile pipeline that gathers raw natural gas in Weld County and transports it to processing facilities is not a public utility under state law, the Colorado Supreme Court ruled on Monday. The justices heard the appeal of William C. Danks, who owns a farm in the county and filed his original complaint with the…
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Forced blood draws for DUI suspects under Colorado Supreme Court scrutiny
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Colorado’s Supreme Court justices appeared largely skeptical of the idea that police officers are forbidden from involuntarily drawing blood from a suspected drunk driver, even if there is a court-approved warrant to do so. During oral arguments on Thursday, the court explored the legislature’s intentions in enacting the “expressed consent law,” which established that motorists,…
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Judges, justices give candid look at judicial operations at educational conference
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Six of Colorado’s seven Supreme Court justices and more than one-third of the state’s Court of Appeals on Friday provided a candid glimpse into judicial branch operations, with subjects ranging from pandemic recovery and recent precedent-setting decisions to the Supreme Court’s increased pattern of hearing appeals directly. Among the key points raised at the 2022 Appellate…
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To harm or not to harm: State Supreme Court examines law against spitting on officers
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Although it is undisputed that intentionally spitting on a police officer is a crime, Colorado’s Supreme Court justices on Tuesday grappled with whether a La Plata County woman was properly convicted of a felony offense for her spitting or if she actually committed a less serious infraction. A jury found Cheryl Lynette Plemmons guilty in 2017…
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Justices weigh whether Colorado’s paid family, medical leave program violates TABOR
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The survival of Colorado’s paid family and medical leave program, which nearly 58% of voters supported two years ago at the ballot box, may come down to a single sentence in the most controversial part of the state’s constitution: the Taxpayer Bill of Rights. On Tuesday, the Colorado Supreme Court considered the arguments of a…
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State Supreme Court rules El Paso sheriff can be held liable for man’s prolonged detention
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Although Colorado law allows pretrial detainees to sue jail operators for injuries “due to negligence,” the state Supreme Court ruled on Monday that the law also permits the sheriff of El Paso County to be held liable for intentionally detaining a man for months beyond the date he posted bond. Writing for the court, Justice…
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Supreme Court finds error in Eagle County’s valuation of luxury Vail resort
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Eagle County improperly included income from separately-owned condominium units when it estimated the property value of a luxury Vail resort, the Supreme Court decided on Tuesday. The county had valued The Lodge at Vail at roughly double what its owner, Vail Resorts subsidiary Lodge Properties, Inc., believed it was worth. The discrepancy stemmed from how…
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Federal judge finds no hiring discrimination in lawsuit against state Judicial Department
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A federal judge found “definitively no” indication of discrimination from the state’s judicial branch after a Black job applicant claimed her race and age were the reason she was passed over for a job with the Colorado Supreme Court. In dismissing the lawsuit of Michele D. Brown, U.S. Magistrate Judge Michael E. Hegarty observed that…
